Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This action is in reply to the Applicant’s claims, filed on 11/13/2024.
Claims 9, 11, 13, and 15 have been amended.
Claims 10, 12, 14, 16-17 and 31-75 have been canceled.
Claims 1-75 are currently pending and have been examined.
Information Disclosure Statement
The multiple information disclosure statements (IDS) submitted have been received and considered. However, the IDS’s includes a number of U.S. patents or U. S. patent application references, that appears to have no relevancy to the claimed invention and has not been considered. The IDS’s also a number of NPL or Foreign language abstracts references that were not included for consideration. These inclusions have not been considered as shown on the struck through IDS.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Claim 24 recites: second seal
Claim 25 recites: wear strip
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 25 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 25 contains subject matter that is not supported by the specification. Specifically, the claim recites: one wear strip, but there is no corresponding disclosure in the specification that adequately describes or explains the subject matter of a wear strip in sufficient detail to support the claim invention. The specification lacks any discussion of wear areas, wear protection and/or how wear is specifically related to the claim invention. Therefore, the claim subject matter is not sufficiently supported by the written description.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 25 and 26 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 25 recites the limitation: wear strip. It is unclear what is required for the wear strip to meet the claimed invention and what specific material or structure is needed to achieve the limitation. Therefore, one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Examiner is reading the wear strip as a contact point between the window and the seal.
Claim 26 recites the limitation: the guide structure of the moveable window. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether the guide is part of the moveable window or constitutes a distinct component and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For examination, the Examiner reads “the guide structure of the moveable window” as a guide structure of the movable window.
Claims 27-30 are rejected for being dependent of a rejected indefinite claim.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-8, 11, 13, 15 and 18-25 are rejected under 35 U.S.C. 103 as being unpatentable over Koike (US4,457,111) in view of Beach et al. (US9,272,612).
Claim 1. Koike discloses: A flush glass system for a vehicle door (structure of Fig. 1; 1 vehicle door, Fig. 1), said flush glass system comprising:
a movable window (4 pane, Fig. 3) having a guide structure (10 guide member, Fig. 3) and an outer surface (outer surface of 4, Fig. 3) with said movable window moving between a closed position and an open position during operation (window can be raised or lowered; Col. 1, lines 12-20);
a trim panel configured to be mounted to the vehicle door (2 sill comprising of 2A-2D sash portions, Fig. 1-9), said trim panel including a base portion (structure of 2A interconnecting the exterior and interior surfaces, Fig. 6-7), an outer portion having an exterior surface disposed on a common plane with said outer surface of said window (exterior surface of 2A sill is flush with 4, Fig. 3), and an inner portion spaced from said outer portion (opposing inner surface of 2A, Fig. 3, 7) with said base, outer, and inner portions defining a first channel (channel structure created by internal surfaces of 2A constraining 3 seal, Fig. 3, 7) extending along a channel axis (vertical axis of 2A, Fig. 6) with said first channel receiving said guide structure of said movable window (10 is received within 3 seal and constrained in the channel structure created by internal surfaces of 2A, Fig. 3, 7);
a seal at least partially mounted within said first channel (3 seal constrained in the channel structure created by internal surfaces of 2A, Fig. 3, 7) with said guide structure slidably coupled to said seal and moveable within said seal during operation of said movable window (10 is slidably coupled to 3, Fig. 3, 7), said seal including an exterior sealing lip (3C pad of seal 3, Fig. 3, 7) at least partially disposed between said movable window and said trim panel with said exterior sealing lip having an exposed surface forming a flush connection between said outer surface of said movable window and said exterior surface of said outer portion of said trim panel while maintaining a continuous engagement between said trim panel and said movable window (3C is between 4 and 2, exposed to the exterior, forms a flush connection to 4, and is continuous; Fig. 3, 7), a below belt member (structure denoted by phantom lines aligned with 2B sill sash below the beltline as depicted in Fig. 6; 2A sill would implicitly have a similar structure below to receive the window) defining a second channel aligned with said first channel of said trim panel (implicit structure of a channel to receive 4 as it moves between open and close; Fig. 6).
Koike does not disclose: a below belt member formed separately from said trim panel and configured to be separately mounted to the vehicle door below said trim panel, said below belt member defining a second channel extending along said channel axis to receive said guide structure of said movable window and to guide movement of said movable window, with said second channel aligned with said first channel of said trim panel to allow continuous movement of said movable window as said movable window moves between said closed and open positions
wherein during installation, said guide structure of said movable window is disposed within said second channel of said below belt member prior to being disposed in said first channel of said trim panel to ease installation of said flush glass system in assembling said trim panel, said movable window, and said below belt member.
Beach discloses a below belt bracket assembly including a glassrun having first and second sidewalls interconnected along a base member that forms a cavity configured to receive an associated window edge.
Beach teaches: a below belt member (100 below belt assembly comprising of 140 glassrun, Fig. 1) formed separately from said trim panel (100 is not integral with a trim panel, Fig. 1) and configured to be separately mounted to the vehicle door below said trim panel (116 fastening portions to secure bracket to vehicle door; Fig. 1; Col. 3, lines 51-54), said below belt member defining a second channel extending along said channel axis (cavity 156, Fig. 5) to receive said guide structure of said movable window (edge of window; Col. 1, lines 17-19) and to guide movement of said movable window to allow continuous movement of said movable window as said movable window moves between said closed and open positions (cavity receives edge of glass; Col. 4, lines 7; channel guides the window as the window is raised and lowered; Col. 1, lines 17-19).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to substitute the implicit below belt structure below the 2A sash of Koike with the below belt assembly of Beach with a reasonable expectation of success as suggested by Beach because both perform the same function in similar contexts. Such a substitution represents the use of a known element according to its established function, and the results would have been predictable. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding the limitation, wherein during installation, said guide structure of said movable window is disposed within said second channel of said below belt member prior to being disposed in said first channel of said trim panel to ease installation of said flush glass system in assembling said trim panel, said movable window, and said below belt member, Koike in view of Beach does not explicitly disclose this sequence. However as depicted in Koike: Fig. 6-7, guide 10 would be disposed within the implicit channel of the below belt member before being disposed in channel of the sash 2A as the 4 panel moves between open and closed positions, thereby demonstrating that guide is capable of being positioned with the below belt member prior to engaging the sash channel.
It would have been obvious to one of ordinary skill in the art at the time of the invention to assemble Koike in view of Beach’s moveable window by first positioning the guide within the below belt member before engaging the channel of the sash. Such an assembly sequence would have predictably facilitated alignment and support of the moveable window during installation, thereby simplifying assembly of the flush glass system and improving manufacturability. Selecting an order of assembly that utilizes an existing guide channel as an initial locating and supporting feature constitutes nothing more than the predictable use of prior art elements according to their established function to obtain the expected resulted of easier installation. A person of ordinary skill in the art would have recognized that modifying the assembly sequence in the manner involves only routine engineering judgement and yields no more than a predictable improvement in the installation process. Therefore, the claimed installation sequence would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, as instantly claimed based on choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Claim 2. Koike in view of Beach teach: The flush glass system of claim 1, wherein said trim panel has an upper end and a lower end (Koike: upper and lower ends of 2A, Fig. 6) with at least said outer portion and inner portion extending from said upper end to a flared portion (Beach: opening created by 192 and 194 retention fingers, Fig. 3-4) at said lower end of said trim panel (Koike: outer and inner surfaces of 2A extend from top to bottom, Fig. 6).
(Beach – Column 4, Lines 45-63 discloses channels having tapered openings for the purpose of reducing glass slap, and more easily accommodate the window.)
Claim 3. Koike in view of Beach teach: The flush glass system of claim 2, wherein said below belt member includes a flared portion (Beach: flared opening created by 192 and 194 retention fingers, Fig. 3-4) with said flared portion of said below belt member extending towards said flared portion of said trim panel to aid in the alignment of said first channel and said second channel along said channel axis.
Koike in view of Beach is silent on flared portion of the below belt member extending towards the flared portion of the trim panel to aid in the alignment of the first channel and the second channel along the channel axis. However, as taught in previous rejection of claim 2, the modified flared ends of the sash channel of Koike would be opposite to the flared ends of the below belt assembly of Beach.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have aligned the modified tapered opening of the sash channel with the tapered opening of the below belt channel and make opposing with a reasonable expectation of success in order reduce glass slap, and more easily accommodate the window as taught by Beach (Beach: Col. 4, lines 45-63).
Claim 4. Koike in view of Beach teach: The flush glass system of claim 2, wherein said outer and inner portions extend substantially parallel to each other at said upper end (Koike: outer and inner surfaces of channel in 2A are parallel, Fig. 7) and transitions outwards from each other at said lower end of said trim panel to form said flared portion (modification as taught by Beach; opening created by 192 and 194 retention fingers, Fig. 3-4; see previously rejected claim 2).
Claim 5. Koike in view of Beach teach: The flush glass system of claim 2, wherein said first channel widens as said outer and inner portions transitions outwards to form said flared portion (modified sash channel of Koike as taught by Beach would inherently widen to form a flared portion; Beach: Fig 3-4; see previously rejected claim 2).
Claim 6. Koike in view of Beach teach: The flush glass system of claim 1, wherein said trim panel is spaced from and adjacent to said below belt member once installed (Koike: 2A sash is implicitly spaced apart and adjacent to Beach: below belt assembly).
Claim 7. Koike in view of Beach teach: The flush glass system of claim 1, wherein said inner portion of said trim panel is further defined as an inner branch with said inner branch having a plurality of spaced projections defining alternating slots (Beach: Fig. 1 and 5 depicts a plurality of spaced projections defining alternating slots on the sidewall of 100).
Claim 8. Koike in view of Beach teach: The flush glass system of claim 1, wherein said below belt member includes an inner branch (Beach: internal surface of 100, Fig. 1 and 5) having a plurality of spaced projections defining alternating slots (Beach: Fig. 1 and 5 depicts a plurality of spaced projections defining alternating slots on the sidewall of 100).
Claim 11. Koike in view of Beach teach: The flush glass system of claim 1, wherein said below belt member includes a base portion (Beach: 146 base member, Fig. 5), an outer portion (Beach: 142 sidewall, Fig. 5), and an inner portion (Beach: 144 sidewall, Fig. 5) extending from an upper end to a lower end with said outer portion and inner portion extending from said lower end to a flared portion at said upper end of said below belt member (Beach: portions extend across the length and end at flared opening created by 192 and 194 retention fingers, Fig. 3-4), and wherein said outer and inner portions of said below belt member extend substantially parallel to each other at said lower end and transitions outwards from each other at said upper end of said below belt member to form said flared portion (Beach: sidewalls are parallel and transition outward at flared opening, Fig. 3-5).
Claim 13. Koike in view of Beach teach: The flush glass system of claim 1, wherein said movable window includes a glass pane (Koike: 4 pane, Fig. 3, 6-7) having an outer surface, an inner surface, and edges bounding the glass pane (Koike: 4 pane has outer and inner surface and edges, Fig. 3, 6-7), and said guide structure is mounted to said glass pane (Koike: 10 is coupled to 4 pane by 12 adhesive, Fig. 3), and wherein said guide structure includes a body portion (Koike: main center structure of 10 guide, Fig. 3), a connecting portion (Koike: portion of 10 coupled to 4 panel, Fig. 3), a first limiting portion (portion of 10 coupling to 3a, Fig. 3) , and a second limiting portion (Koike: portion of 10 coupling to 3b, Fig. 3) with said first limiting portion, second limiting portion, and connecting portion extending from said body portion (Koike: all portions of 10 extend from main center structure of 10, Fig. 3).
Claim 15. Koike in view of Beach teach: The flush glass system of claim 13, wherein said connecting portion of said guide structure is coupled to said inner surface of said glass pane to support said glass pane as said movable window moves between said closed and open positions (Koike: 10 is coupled to inner surface of 4, Fig. 3).
Claim 18. Koike discloses: A flush glass system for a vehicle door having a movable window with the movable window having a guide portion, said flush glass system comprising:
a trim panel configured to be mounted to the vehicle door, said trim panel defining a first channel extending along a channel axis for receiving the guide structure of the movable window;
a seal at least partially mounted within said first channel for receiving the guide structure where the guide structure is moveable within said seal during operation of the movable window, said seal including an exterior sealing lip; and
a below belt member, said below belt member defining a second channel extending along said channel axis for receiving the guide structure of the movable window to guide movement of the movable window, with said second channel being aligned with said first channel of said trim panel for allowing continuous movement of the movable window between said first channel of said trim panel and said second channel of said below belt member as the movable window moves between closed and open positions (Fig. 6-7; see previously rejected claim 1).
Koike does not disclose: a below belt member formed separately from said trim panel and configured to be separately mounted to the vehicle door below and spaced from said trim panel, said below belt member is configured to receive the guide structure of the movable window within said second channel prior to said trim panel receiving the guide structure of the movable window within said first channel for easing installation of said flush glass system in assembling said trim panel, the movable window, and said below belt member.
Beach discloses a below belt bracket assembly including a glassrun having first and second sidewalls interconnected along a base member that forms a cavity configured to receive an associated window edge.
Beach teaches: a below belt member formed separately from said trim panel and configured to be separately mounted to the vehicle door below and spaced from said trim panel, said below belt member is configured to receive the guide structure of the movable window within said second channel prior to said trim panel receiving the guide structure of the movable window within said first channel for easing installation of said flush glass system in assembling said trim panel, the movable window, and said below belt member (see previously rejected claim 1).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to substitute the implicit below belt structure below the 2A sash of Koike with the below belt assembly of Beach with a reasonable expectation of success as suggested by Beach because both perform the same function in similar contexts. Such a substitution represents the use of a known element according to its established function, and the results would have been predictable. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding the limitation, configured to receive the guide structure of the movable window within said second channel prior to said trim panel receiving the guide structure of the movable window within said first channel for easing installation of said flush glass system in assembling said trim panel, the movable window, and said below belt member, Koike in view of Beach does not explicitly disclose this sequence. However as depicted in Koike: Fig. 6-7, guide 10 would be disposed within the implicit channel of the below belt member before being disposed in channel of the sash 2A as the 4 panel moves between closed and open positions, thereby demonstrating that guide is capable of being positioned with the below belt member prior to engaging the sash channel.
It would have been obvious to one of ordinary skill in the art at the time of the invention to assemble Koike in view of Beach’s moveable window by first positioning the guide within the below belt member before engaging the channel of the sash. Such an assembly sequence would have predictably facilitated alignment and support of the moveable window during installation, thereby simplifying assembly of the flush glass system and improving manufacturability. Selecting an order of assembly that utilizes an existing guide channel as an initial locating and supporting feature constitutes nothing more than the predictable use of prior art elements according to their established function to obtain the expected resulted of easier installation. A person of ordinary skill in the art would have recognized that modifying the assembly sequence in the manner involves only routine engineering judgement and yields no more than a predictable improvement in the installation process. Therefore, the claimed installation sequence would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, as instantly claimed based on choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Claim 19. Koike in view of Beach teach: The flush glass system of claim 18, wherein said trim panel has an upper end and a lower end with at least said outer and inner portions extending substantially parallel to each other at said upper end and transitioning outwards from each other at said lower end to form a flared portion (see previously rejected claims 2-4).
Claim 20. Koike in view of Beach teach: The flush glass system of claim 19, wherein said first channel widens as said outer and inner portions transitions outwards from each other to form said flared portion (see previously rejected claim 5).
Claim 21. Koike in view of Beach teach: The flush glass system of claim 19, wherein said below belt member includes a flared portion with said flared portion of said below belt member extending towards said flared portion of said trim panel to aid in the alignment of said first channel and said second channel along said channel axis (see previously rejected claim 3).
Claim 22. Koike in view of Beach teach: The flush glass system of claim 21, wherein said flared portion of said trim panel is spaced from said flared portion of said below belt member (see previously rejected claim 2-3, 6).
Claim 23. Koike in view of Beach teach: The flush glass system of claim 18, wherein said trim panel is spaced from and adjacent to said below belt member once installed (see previously rejected claim 6).
Claim 24. Koike in view of Beach teach: The flush glass system of claim 18, further including a second seal at least partially mounted within said second channel of said below belt member (Beach: 140 weatherstrip, Fig. 5).
Claim 25. Koike in view of Beach teach: The flush glass system of claim 18, wherein said seal includes at least one wear strip extending along the length of said seal (Koike: coupling point of 4 to 3 along the edge of 4, Fig. 3).
Claim 1, in a second interpretation, is rejected under 35 U.S.C. 103 as being unpatentable over Ellis et al (US2012/0025564) in view of Koike (US4,457,111) and Beach et al. (US9272612).
Claim 1. Ellis discloses: A flush glass system for a vehicle door (10 flush glass system module for doors of a vehicle; Fig. 1), said flush glass system comprising:
a movable window (28 window, Fig. 1-4) having a guide structure (49 slider, Fig. 3-5) and an outer surface (outer surface of 28, Fig. 1-4) with said movable window moving between a closed position and an open position during operation (retractable windows, [0015]);
a trim panel configured to be mounted to the vehicle door (18 applique, Fig. 4), said trim panel including a base portion (structure of 45 U shaped portion interconnecting the exterior and interior surfaces of 46 channel, Fig. 4), an outer portion having an exterior surface disposed on a common plane with said outer surface of said window (exterior surface of 18 is flush with 28, Fig. 4), and an inner portion spaced from said outer portion (opposing inner surface of 46 channel, Fig. 3, 4) with said base, outer, and inner portions defining a first channel (46 channel, Fig. 4) extending along a channel axis (vertical axis of 46, Fig. 1-2) with said first channel receiving said guide structure of said movable window (49 is within 46, Fig. 4);
a seal at least partially mounted within said first channel (50 sealing lips, Fig. 4) with said guide structure slidably coupled to said seal and moveable within said seal during operation of said movable window (49 is slidably coupled to 50, Fig. 4), said seal including an exterior sealing lip (exterior side of 50, Fig. 4) maintaining a continuous engagement between said trim panel and said movable window (50 forms a flush connection to 49, and is continuous; Fig. 4), a below belt member (portion of 18 below 14 belt molding, Fig. 1-2) defining a second channel aligned with said first channel of said trim panel (implicit structure of a channel 46 to receive 28 as it moves between open and close; Fig. 1-2).
Ellis does not disclose: seal including an exterior sealing lip at least partially disposed between said movable window and said trim panel with said exterior sealing lip having an exposed surface forming a flush connection between said outer surface of said movable window and said exterior surface of said outer portion of said trim panel; a below belt member formed separately from said trim panel and configured to be separately mounted to the vehicle door below said trim panel, said below belt member defining a second channel extending along said channel axis to receive said guide structure of said movable window and to guide movement of said movable window, with said second channel aligned with said first channel of said trim panel to allow continuous movement of said movable window as said movable window moves between said closed and open positions wherein during installation, said guide structure of said movable window is disposed within said second channel of said below belt member prior to being disposed in said first channel of said trim panel to ease installation of said flush glass system in assembling said trim panel, said movable window, and said below belt member.
Koike discloses a sealing structure for a movable window allows a movable windowpane to lie flush with the outside of the window sill frame.
Koike teaches: a seal at least partially mounted within said first channel (3 seal constrained in the channel structure created by internal surfaces of 2A, Fig. 3, 7) with said guide structure slidably coupled to said seal and moveable within said seal during operation of said movable window (10 is slidably coupled to 3, Fig. 3, 7), said seal including an exterior sealing lip (3C pad of seal 3, Fig. 3, 7) at least partially disposed between said movable window and said trim panel with said exterior sealing lip having an exposed surface forming a flush connection between said outer surface of said movable window and said exterior surface of said outer portion of said trim panel while maintaining a continuous engagement between said trim panel and said movable window (3C is between 4 and 2, exposed to the exterior, forms a flush connection to 4, and is continuous; Fig. 3, 7).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the seal of Ellis by including an exterior seal flush with the window as taught by Koike with a reasonable expectation of success in order to have a sealing structure which permits a movable windowpane to lie flush with its frame without detracting from its appearance as taught by Koike (Fig. 3; Col. 1, lines 7-10).
Ellis in view of Koike does not teach: a below belt member formed separately from said trim panel and configured to be separately mounted to the vehicle door below said trim panel, said below belt member defining a second channel extending along said channel axis to receive said guide structure of said movable window and to guide movement of said movable window, with said second channel aligned with said first channel of said trim panel to allow continuous movement of said movable window as said movable window moves between said closed and open positions wherein during installation, said guide structure of said movable window is disposed within said second channel of said below belt member prior to being disposed in said first channel of said trim panel to ease installation of said flush glass system in assembling said trim panel, said movable window, and said below belt member.
Beach discloses a below belt bracket assembly including a glassrun having first and second sidewalls interconnected along a base member that forms a cavity configured to receive an associated window edge.
Beach teaches: a below belt member (100 below belt assembly comprising of 140 glassrun, Fig. 1) formed separately from said trim panel (100 is not integral with a trim panel, Fig. 1) and configured to be separately mounted to the vehicle door below said trim panel (116 fastening portions to secure bracket to vehicle door; Fig. 1; Col. 3, lines 51-54), said below belt member defining a second channel extending along said channel axis (cavity 156, Fig. 5) to receive said guide structure of said movable window (edge of window; Col. 1, lines 17-19) and to guide movement of said movable window to allow continuous movement of said movable window as said movable window moves between said closed and open positions (cavity receives edge of glass; Col. 4, lines 7; channel guides the window as the window is raised and lowered; Col. 1, lines 17-19).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to substitute the below belt structure of Ellis in view of Koike with the below belt assembly of Beach with a reasonable expectation of success as suggested by Beach because both perform the same function in similar contexts. Such a substitution represents the use of a known element according to its established function, and the results would have been predictable. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding the limitation, wherein during installation, said guide structure of said movable window is disposed within said second channel of said below belt member prior to being disposed in said first channel of said trim panel to ease installation of said flush glass system in assembling said trim panel, said movable window, and said below belt member, Ellins in view of Koike and Beach does not explicitly disclose this sequence. However as depicted in Ellis: Fig. 1-2 (or Koike: Fig. 6-7), the guide would be disposed within the channel of the below belt member before being disposed in channel of the applique as it moves between open and closed positions, thereby demonstrating that guide is capable of being positioned within the below belt member prior to engaging the sash channel.
It would have been obvious to one of ordinary skill in the art at the time of the invention to assemble Ellis in view of Koike and Beach’s moveable window by first positioning the guide within the below belt member before engaging the channel of the applique. Such an assembly sequence would have predictably facilitated alignment and support of the moveable window during installation, thereby simplifying assembly of the flush glass system and improving manufacturability. Selecting an order of assembly that utilizes an existing guide channel as an initial locating and supporting feature constitutes nothing more than the predictable use of prior art elements according to their established function to obtain the expected resulted of easier installation. A person of ordinary skill in the art would have recognized that modifying the assembly sequence in the manner involves only routine engineering judgement and yields no more than a predictable improvement in the installation process. Therefore, the claimed installation sequence would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, as instantly claimed based on choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Ellis et al. (US2012/0025564) in view of Koike (US4,457,111) and Beach et al. (US9,272,612) and further in view of Love (DE10,2010,050,959).
Claim 9. Ellis in view of Koike and Beach teach: The flush glass system of claim 1, wherein said outer portion of said trim panel further includes an outer branch (Ellis: long horizonal portion of 18 proximate 30 cover, Fig. 4).
Ellis in view of Koike, Beach does not teach: having a mounting feature for facilitating mounting of said trim panel to said vehicle door and wherein said mounting feature defines alternating passageways along said outer branch.
Love discloses a fastening arrangement for mounting a decorative panel on a vehicle door, with a frame profile that forms an opening for a side window of the vehicle door.
Love teaches: a mounting feature (18 nuts or 23 housing, Figs. 1-2) for facilitating mounting of said trim panel (6 trim panel, Fig. 1) to said vehicle door (4 door, Fig. 1) and wherein said mounting feature defines alternating passageways along said outer branch (nuts or housing would create alternating passageways, Fig. 1-2).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate mounting structure of Love into the applique of Ellis in view of Koike and Beach as taught by Love with a reasonable expectation of success to couple the applique to the vehicle door as taught by Love (Fig. 1).
Allowable Subject Matter
Claim 26 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is an examiner’s statement of reasons for allowance:
Claim 26 reads on a method of installing a flush glass system onto a vehicle door comprising of a window with a guide structure, a trim panel with a channel, a below belt member with a channel wherein the below belt member is mounted to door. The flush glass system is then assembled by inserting the guide structure into the below belt member, positioning the trim panel adjacent to the below belt member while simultaneously sliding the guide structure into the trim panel and then mounting the trim panel to the vehicle door.
The claimed invention has been examined in light of prior art, including relevant searches of published patent documents, non-patent literature and other sources. Based upon this examination, no prior art has been identified that discloses or teaches the claimed invention in its entirety.
Specifically, none of the references disclosed in the prior art show or suggest the assembly method of claim 26. Therefore, these limitations in combination with the remainder of the claim, is deemed allowable.
For example, Koike in view of Beach teach a flush guide system comprising of a vehicle door, window with guide, trim and below belt channels but do not disclose the assembly process of inserting the window into the below belt member while simultaneously inserting into the trim member before mounting the trim panel to the door.
The unique combination of elements recited in the claims results in a new and non-obvious solution that is not anticipated or rendered obvious by the cited references.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Terasawa et al. (US6430878) discloses a two part glass guide for vertical movement of window in a door panel comprising of a V-shaped opening. Terasawa does not disclose a flush window apparatus or an assembly method for the window.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Daniel Craig whose telephone number is (571)270-0747. The examiner can normally be reached M-Thurs 8:00 AM to 5:00 PM CST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tara Schimpf can be reached at (571)270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DANIEL T CRAIG/Examiner, Art Unit 3676
/AARON L LEMBO/Primary Examiner, Art Unit 3672
Prosecution Insights